Weideman v. Weideman
Weideman v. Weideman
Opinion of the Court
Reversing.
This appeal involves the construction of the Will of F. D. Weideman, which is as follows:
“I, F. D. Weideman, of Simpson County, Kentucky, being of sound mind and memory do make publish and decree, this to be my last will and testament to wit: First Al my just debts & funeral expence be first paid. Second. I give my beloved wife Lena Weideman control and management of my estate, both real and personal, as long as she is my widow. If the law requires an executor, I want my wife Lena Weideman appointed according to law. Third. If my wife Lena Weideman, should marry I give devise and bequeath to our sons John H. and Henry P. the Simpson Co. Limestone stock, which I now hold $500.00 (Five hundred) and that which will be issued to me, as soon as the money, that the Company has borrowed is paid of with the divident of the sale of stone. Al the stock will be about $1000.00 (One Thousand) providing that the Co. does not sell any more stock, to pay of part or al of the debt. The rest of my property real and personal be divided according to law.”
The testator died a resident of Simpson county, in the year 1913, leaving a widow, Lena Weideman, and two infant children, John H. Weideman and Henry P. Weideman. Upon the probate of the will, Elizabeth Weideman qualified as executrix. Thereafter she, as executrix and in her own right, brought this suit against her children for a construction of the will. The chancellor held that under clause 2 of the will, the widow took a life estate subject to be defeated by her marriage.. In construing clause 3, he held that should the widow marry again the entire estate of the testator would pass to his two sons and the widow would have no further interest therein. The widow appeals.
The correctness of the construction given clause 2 of the will is not challenged, so we shall proceed to a consideration of clause 3. The question will be simplified by omitting that portion of clause 3 relating to the amount and value of the Simpson County Limestone stock. When this is done, clause 3 will read as follows:
“If my wife, Lena Weideman, should marry, I give, devise and bequeath to our sons, John and Henry P., the Simpson County Limestone stock . . . The rest of my property real and personal may be divided according to law.”
Judgment reversed and cause remanded with directions to enter judgment in conformity with this opinion.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.